An I-140 employer's petition has been pending for three years, what's the best option to get an answer from USCIS?

You are mistaken if you believe that USCIS has a "rule" that requires it to approve (or adjudicate) an I-140 in 3 months. There is no such rule and there is no statutory required time frame to adjudicate an I-140 (or I-485). If you have an EB1 I-140 that has been pending for 3 years then it is either a) lost or b) the subject of a security check hold. There are ways to tell from basic facts of your case if it is a security check. In my experience, the best way to resolve situations like this is often to file a lawsuit requesting the Court to issue a writ of mandamus compelling adjudication of the petition and/or application within a specific time frame. However, sometimes you have to be careful as you may get what you ask for. Consult with an immigration attorney who has extensive Federal court litigation experience to explore this option.

Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver. However, it is available for all other I-140 petitions and may be worth your while. Otherwise, you might consider submitting a Case Problem to the CIS Ombudsman's office. Here is a link on information to do so: http://www.dhs.gov/files/programs/editorial_0497.shtm. It may not guarantee a swift answer, but the ombudsman's office will investigate to find out why the I-140 is taking so long to adjudicate. Best wishes!

The options suggested by my colleague are certainly viable, good options. I wanted to suggest a couple more. You may want to have your sponsoring employer contact their local congressional representative or senator. Most of these offices have staff members dedicated to seeking resolution to immigration issues, and USCIS has a special office dedicated to responding to inquiries from elected representatives - they may be able to look into this. Also, it isn't clear whether you are represented by an attorney for the petition, or what they attorney may have tried if there is one. If you have (or hire) an attorney who is a member of the American Immigration Lawyers' Association ("AILA"), they will have access to a liaison process to try to resolve issues like this. Good luck!

I agree with the previous answers. But I also would like to know if the employer or the attorney involved has called USCIS (1-800-375-5283) and inquired about the status of the case. Now that it has been far past the estimated processing time, I would call and ask for the call to be elevated to the next tier of support. You will have to ask for a Service Request and wait the specified amount of time. After that time has passed (usually 30 days) you can then email the service center (see uscis.gov for "Case Status Inquiries with the Service Centers," issued on August 6, 2009). But I would consider having an AILA attorney inquire for you, which may possibly need liaison support. Note, since most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction, please feel free to contact me for an initial consultation. Sincerely, Michael A. Harris, Esq. Associate Attorney LAW OFFICES OF KRAVITZ & GUERRA, P.A. 800 Brickell Avenue, Suite 701, Miami, Florida 33131 Please view my contact information for more information about my professional background. DISCLAIMER: This online posting does not create an Attorney-Client relationship between you and my law firm unless you have received a signed written fee agreement for legal representation.